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THE FORMATIVE PERIOD IN 
COLBY'S HISTORY 



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FIRST DRAFT (1812) OF THE CHARTER OF THE MAINE LITERARY AND THEOLOGICAL INSTITUTION. 



COLBY COLLEGE LIBRARY BULLETIN NUMBER THREE 



THE FORMATIVE PERIOD IN 
COLBY'S HISTORY 



By 

CHARLES P. CHIPMAN 

Librarian, Colby College 



WATERVILLE. MAINE 
1912 



Monograph 



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PREFACE 

The chapters which make up this little monograph 
are reprinted from the issues of The Colby Alumnus 
for January and March, 1912. For various reasons it 
has seemed best to give them without alteration. If 
my views as to the purpose of the founders of the 
college shall meet with general acceptance, I shall be 
amply repaid for my labor. 

CHARLES P. CHIPMAN. 
May 1, 1912. 



THE FORMATIVE PERIOD IN 
COLBY'S HISTORY 



In his History of the Baptists in Maine Dr. Henry S. Burrage has 
written : 

"February 5, 1821, an act was passed by the Legislature of Maine 
changing the name of the Maine Literary and Theological Institution 
to that of Waterville College. The reasons for thus giving to the 
institution a broader character than was at first contemplated were 
not recorded and can now only be conjectured. In all probability 
the change was effected by Dr. Chaplin. A college graduate, he 
knew the value of a collegiate course as a preparation for theological 
study, and he could not have been long in coming to the conclusion 
that the work he had been called to do at Waterville could best 
be performed by giving the institution a collegiate character. There 
were those among the trustees who deprecated the change, and in 
many parts of the State, among the churches and ministers, there 
was not a little disappointment." * 

In a historical discourse delivered on August second, 1870, Presi- 
dent Champlin expressed the same thought when he said : 

"The Institution, as we have seen, began as a Literary and 
Theological School. Those who established it were chiefly ministers 
of the Gospel, mostly without any regular theological training, and 
who therefore looked upon it chiefly as a school in which the future 
pastors of the churches were to be prepared for their work. With 
them the literary department was preliminary to, but entirely subor- 
dinate to the theological department. What must have been their 
disappointment, then, when in less than three years after it had been 
set in operation, by its having become a college all this was re- 
versed, and the literary department exalted above the theological, 
which was depressed more and more, till within a few years it was 
entirely crowded out of the Institution? I know not under whose 
counsels this was done, but it has always seemed to me a great 
mistake."! 

The views expressed by Dr. Burrage and President Champlin may 
be taken as representative of those held by many friends of the college 
for at least a half-century. They may be briefly summarized thus : 

I. The purpose of the founders was to establish a theological 
school. 

* Chapter XI. Pages 174-175. 

t A Historical Discourse delivered at the Fiftieth Anniversary of Colby University, 
August 2d, 1870, by J. T. Champlin, President, Waterville, 1870. 



6 THE FORMA TIVE PERIOD 

II. The establishment of the college later was an afterthought, 
due to the influence of some unknown person or persons. 

These views I believe to be entirely mistaken, and due either to 
ignorance of the original documents still on file in the State Archives 
of Massachusetts, or to hasty conclusions drawn from an incomplete 
examination of those documents. The real facts, as we shall see, are 
these : 

The founders of the Maine Literary and Theological Institution 
intended from the beginning to establish an institution of collegiate 
rank in which both literary and theological instruction should be given, 
but were unable, at first, to secure a charter commensurate with the 
full scope of their plan. 

It was the Rev. Arthur Warren Smith, Librarian of the New Eng- 
land Baptist Library in Boston, who first called my attention to the 
existence of the above mentioned documents in the Massachusetts 
Archives. For some years Mr. Smith has been collecting materials 
for a biography (as yet unpubHshed), of the Rev. Daniel Merrill, A. 
M., who bore a leading part in securing the original charter of the 
Maine Literary and Theological Institution, and who deserves, perhaps, 
to be called the father of Colby College. In the course of his investiga- 
tions, Mr. Smith discovered that there are in existence documents 
;which have never been quoted in any published history of the college. 
These documents are the first petition (presented to the General Court 
in 1812)* and the charter which failed to pass in that legislature, to- 
gether with the first draft of the charter of 1813, which was amended 
in its most important sections before its passage. These papers show 
clearly the real purpose of the founders, and throw an interesting light 
on the so-called change of policy in 1820 — for it should be remarked in 
passing that it was not the act of February 5, 1821, which raised the 
institution to full collegiate rank, but the earlier act (June 19, 1820), 
which, without altering the name, empowered the President and 
Trustees of the Maine Literary and Theological institution "to confer 
such degrees as are usually conferred by universities established for the 
education of youth." The act of the following year merely changed 
the name without altering the powers of the Institution. 

Let us now take a brief survey of the documents, from the first 
action of the Bowdoinham Association in 1810 to the passage of the bill 
on February 5, 1821, by which the Maine Literary and Theological In- 
stitution became Waterillle College, and see if we do not find one un- 
varying purpose pervading them all. 

* The petition quoted by Dr. E. W. Hall (History of Higher Education in Maine, 
Chapter V, Colby College, pages 96-97) is the second petition, presented to the next legis- 
lature. It varies only in the signatures at the end. 



IN COLBY'S HISTORY 



II. 



On September 26, 1810, the Bowdoinham Baptist Association met 
at Livermore. Before the body adjourned it had taken action as 
follows : 

"8. It being in contemplation to establish an institution in the 
District of Maine, for the purpose of promoting literary, and theo- 
logical knowledge; brethren Blood, Boardman, Merrill, Titcomb and 
Tripp were appointed a committee to take into consideration the 
propriety of petitioning the General Court for incorporation."* 

So far as can be ascertained, this is the first formal step in the 
establishment of the institution now known as Colby College, although 
the opening words ''it being in contemplation'' indicate that the matter 
had at least been under consideration previous to the meeting of the 
Association. Later on in the session further action was taken : 

"22. The committee appointed to consider 'the propriety of 
petitioning the General Court relative to the establishment of a 
Literary and Theological Institution' ; suggested to the Association 
the propriety of appointing a committee, to digest the matter 
systematically, in concert with brethren from the Lincoln Associa- 
tion ; and report thereon at the next annual meeting. Elders Blood, 
Low and Boardman were chosen for the above purpose. 

23. Voted to recommend to the churches of this Association, 
to endeavor to obtain subscriptions to promote the proposed institu- 
tion, and to forward the same, to the last mentioned committee."! 

That the committees appointed fulfilled their duties is evident 
from the minutes of the following year, for we read : 

"15. Brethren Low, Francis, Billings, Kilgore, Palmer, Swett 
and Robinson were appointed a committee to petition the General 
Court, with such as may join them from the Lincoln and Cumber- 
land Associations."^ 

In the meantime the Lincoln Association had met and taken 
action : 

"7. Voted to appoint the following brethren a committee to 
sign the petition to the Legislature, viz. — Daniel Merrill, Samuel 
Baker, Joseph Bayley, Samuel Stinson, Hezekiah Prince and Benja. 
Burton."§ 

* Minutes of the Bowdoinham Association, held at the Baptist Meeting House, in 
Livermore, September 26th, and 27th, 1810. Portland: Printed by J. McKown, 1810. 
Page 5. 

t The same, page 7. 

t Minutes of the Bowdoinham Association, held in Readfield, September 25 and 26, 1811. 
Hallowell : Printed by N. Cheever, 1811. Page 5. 

§ Minutes of the Lincoln Association, holden at Woolwich, September 18 and 19, 1811. 
Buckstown (Penobscot River). Printed by Anthony H. Holland, 1811. Page 5. 



8 THE FORMATIVE PERIOD 

And at its first session the newly formed Cumberland Association 
passed the following : 

"13. Voted, to appoint a committee of seven, in union with the 
Lincoln, and the Bowdoinham Associations to sign a petition to the 
Legislature of this Commonwealth, for the incorporation of an 
institution in the District of Maine, for the purpose of promoting 
literary and theological knowledge, viz. — Elders Caleb Blood, 
Thomas Green, Sylvanus Boardman, Benjamin Titcomb, John 
Haines, Ransom Norton and Deacon Thomas Beck. And that 
Brother Caleb Blood lay the petition before the legislature."* 

It is noteworthy that in these records the purpose of the proposed 
institution is invariably given as the promoting of "literary and theo- 
logical knowledge." If the idea was simply the establishment of a 
theological school, why should the word "literary" be mentioned first 
in every case ? And inasmuch as Hebron Academy had been in opera- 
tion six years, the Baptists of Maine could hardly have wished to set up 
a second preparatory school. The inference is plain that the proposed 
school was to give literary instruction of collegiate grade. This pur- 
pose is more clearly manifest in the succeeding documents. 

Another point worthy of our attention, which seems to have 
escaped the historians of the college, is that the Rev. Caleb Blood did 
not present the first petition to the legislature of 1812. That duty fell 
to the lot of Daniel Merrill, as we shall presently see. 

* Minutes of the Cumberland Association, holden at the Baptist Meeting-house in 
North Yarmouth, October 2 and 3, 1811. Portland Printed by J. McKown, 1831. Page 6. 



IN COLBY'S HISTORY 



III. 

The first step in the proceedings before the General Court of 
Massachusetts is recorded on page 112 of the House Journal for that 
year, as follows : 

''Monday 20 January 1812 

P'n of Sundry Persons — praying that a tract of Land may be 
appropriated to the establishment of a Seminary for the benefit of the 
Baptist Denomination — Read & Committed to Mr. Smith of W. S. 
Mr. Webb of B. Hovey, M. V. Coburn of Canaan. 

With such & c S up for Con," 

The petition referred to is preserved in the Archives as House 
J 20^. It reads as follows : 

PETITION 

To the Honorable Senate and Honorable House of Representatives 
in General Court Assembled. 

Your petitioners humbly show, That whereas the encouragement 
of arts and sciences, and all good literature tends to the honor of 
God, the advantage of the Christian Religion, and the great benefit 
of this, and of the other United States of America : and whereas 
wisdom and knowledge, as well as virtue, diffused, generally, among 
the body of the people, being necessary for the preservation of 
their rights and liberties ; and as these depend on spreading the 
opportunities and advantages of education in the various parts of 
the country, and among the different orders of the people, we 
believe it to be, as the Constitution of our State says it shall be, 
the duty of Legislators and Magistrates in all future periods of this 
Commonwealth, to cherish the interests of Literature and Sciences, 
and all seminaries of them, and encourage public institutions. 

Your Petitioners beg leave further to show, that whereas Har- 
vard College in Cambridge, as well as the other Colleges and semi- 
naries, in this State, have been liberally endowed, either by the 
appropriation of public Lands, or otherwise, by grants of the General 
Court, and have been committed to the more particular direction 
and management of that specific part of the community, denomi- 
nated Congregationalists ; and whereas we have sustained a part, 
and not an inconsiderable part, of those appropriations, without 
having any particular share in the oversight and direction of such 
appropriations ever assigned, by authority, to that part of the com- 
munity denominated Baptists, we therefore consider, and are firmly 
persuaded, that the General Court would do no injustice to any 
section of the Commonwealth, but would render more equal justice 
to the different sections, and largely promote the best good of the 
State generally, by kindly receiving and favorably answering the 
petition, to which we solicit the attention of your honorable body. 

Your petitioners also beg leave to show farther, that there are, 
belonging to the regular Baptist Churches, at least between six 
and seven thousand members, in the district of Maine, and, large 
congregations, generally united with the Churches in the same senti- 
ment, so that the Baptists are, undoubtedly, more numerous, in this 
district, than any other denominations, if not, than all others. 

Notwithstanding our numbers are so large, and daily increasing, 



10 



THE FORMATIVE PERIOD 



yet we have no seminary over which we have any control. It is 
our judgment, that it would be for the furtherance of the gospel, and 
the general good, that a seminary should be founded in which some 
of our religious young men might be educated under the particular 
inspection of able men of the same sentiments. God having put 
into our heart a strong desire, that such an event might be amicably 
and speedily accomplished, your Petitioners humbly pray your hon- 
orable body to take their request into your wise and benevolent 
consideration, and grant them, for the furtherance of their object, a 
[township]* tract of good land, and cause it to be located as nighly 
in the centre of the district, and as conveniently situated, as in your 
wisdom you may find convenient. For, it is contemplated, should 
it be deemed advisable by the Trustees, that the seminary be on the 
very [town]* tract, which your honorable body may see fit to grant 
for its encouragement. 

Your petitioners further pray. That your honorable body will 
cause the Overseers and Trustees of the proposed Seminary, to 
be appointed [from among the Ministers and churches of their own 
denomination]* with the powers and privileges which in such 
cases are, by law made and provided, And as in duty bound, will 
ever pray. 



Daniel Merrill 
Saml Baker 
Samuel Stinson 
Joseph Bailey 
Hezekiah Prince 
Phineas Pillsbury 
Benj'n Burton 
Robert Low 
Thos Francis 
Oliver Billings 
Joseph Killgore 
Joseph Palmer 
John Robinson 
Saml Swett 
Caleb Blood 
John Haines 
Thomas Green 
Sylvanus Boardman 
Ransom Norton 
Benjamin Titcomb 
Thomas Beck 



Committee in behalf 

The Lincoln 
Association 



Committee in behalf 

The Bozvdoinham 
Association 



Committee Cumberland 
Association 



This document bears the following endorsements : 

(1) 'Tn the House of Reps. Jany 20, 1812. Read & Committed 
to Mr. Smith of W. S., Mr. Webb of Boston, a Mr. Hovey of Mount 
Vernon & Mr. Coburn of Canaan with such as the Honorable 
Senate may join — El. W. Ripley, Speaker" 

"In the Senate Jany 22d 1812. Read and Concurred and the 
Hon. Messrs. King, Hastings and Hazard are joined of the Com- 
mittee accordingly. Sam. Dana, Prest." 

(2) "Petition of Daniel Merrill and others." 

Why Daniel Merrill presented the petition in place of the Rev. 
Caleb Blood does not concern us here. Mr. Smith in his biography of 
Merrill answers that question fully. We are concerned with the peti- 



* Words in brackets scratched out in petition. 



IN COLBY'S HISTORY 11 

tion itself, and it is worthy of note that the petitioners refer to "Har- 
vard College in Cambridge, as well as the other colleges and seminaries" 
being under the direction and management of the Congregationalists. 
Why base their plea upon this ground if all they desired was a theo- 
logical school? And again, it is alleged "we have no seminary over 
which we have any control." Yet Hebron Academy was already 
estabHshed, so they could not have had in mind the establishment of 
another academy. 

As indicated by the endorsement (1) on the petition, the Senate 
acted in concurrence with the House. On page 226 of the Senate 
Journal we read : 

"Wednesday Jan. 22. The petition of Daniel Merrill and others 
praying for the establishment of a Baptist College to Mr. Smith of 
W. S. Mr. Webb of B. Mr. Hovey of and Mr. Coburn of C. 

with such as the Senate may join Came up for Concurrence. Read 
and Concurred and the Hon. Mess King, Hastings & Hazard are 
joined." 

Here we have it expressly stated that the petitioners desired the 
establishment of a college. Surely the men to whom the petition was 
submitted could not have been in error on so important a point. 

The joint committee reported three days later. Their report is 
in the Archives as House 7196- 

"Commonwealth of Massachusetts. In Senate January 25th, 
1812. The Committee of both Houses to whom was committed 
the Petition of Daniel Merrill and others, a Committee of the 
Lincoln Association, — Robert Low and others, a Committee of the 
Bowdoinham Association, — and Caleb Blood and others, a Committee 
of the Cumberland Association, Praying for the establishment of a 
College in the District of Maine and for a grant of Land on which it 
is contemplated the Seminary should be established, — Have had the 
same under consideration, and [have directed me to]* report that the 
Petitioners have leave to bring in a Bill embracing both the objects 
prayed for. — Which is Respectfully submitted — 

by Wm. King per order. 

"In Senate Jany 25th 1812. Read and accepted. Sent down for 
Concurrence. Saml Dana, Prest." 

"In House of Rep. Jany 27, 1812. Read and concurred. 
El. W. Ripley, Speaker." 

The Senate Journal for January 25, 1812, page 238, records the 
action indicated above in these words : 

"Leave to bring in a Bill on the Petition of Daniel Merrill and 
others Read and Accepted. Sent down for Concurrence. Came up 
Concurred." 

Up to this point things were apparently going smoothly. It was 
not until the bill had been introduced that the opposition is manifested. 

* Words in brackets scratched. 



12 THE FORMA TIVE PERIOD 

The bill presented is preserved in the Archives as House 72^1, although 
first introduced in the Senate. It reads as follows : 

Commonwealth of Massachusetts. In the year of our Lord one 
thousand eight hundred and twelve. An Act. — To establish a, 
College in the District of Maine, within this Commonwealth. — 

Be it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, that 
there be erected and established in the District of Maine upon one 
of the Townships hereafter mentioned a College for the purpose of 
educating youth, to be called and known by the name of the Maine 
Literary and Theological College to be under the government and 
regulation of a body politic, as in this Act is hereafter described. — 

Section 2d — And be it further enacted, that Daniel Merrill, 
Caleb Blood, Sylvanus Boardman, Thomas Green, Robert Low, 
Benjamin Titcomb, Thomas Francis, Daniel McMaster, Hon. James 
Campbell, John R. Stinson, John Haynes, Timothy Johnson, Daniel 
Hutchinson, Joshua Taylor, John Hubbard, Samuel Baker, Joseph 
Bailey, Phinehas Pilsbury, & Hezekiah Prince, together with the 
President, Treasurer and Fellows of the said College for the time 
being, to be chosen as in this Act is hereafter directed, be and hereby 
are erected a body politic and corporate by the name of the Presi- 
dent, Fellows and Trustees of the Maine Literary and Theological 
College and that they and their successors and such others as shall 
be duly elected members of said Corporation, shall be and remain a 
body politic and corporate by that name forever. — 

Section 3d — And be it further enacted — That the Trustees afore- 
said be hereby empowered to elect nine persons of education to be 
Fellows of the said Institution and who shall be stiled the learned 
faculty whose duty it shall be to determine the qualifications of all 
Candidates for degrees, which shall be given only by their 
authority. — 

Section 4th — And be it further enacted — That for the more 
orderly conducting the business of the said Corporation, the Presi- 
dent, [and]* Fellows and Trustees shall have full power and author- 
ity, from time to time, as they shall determine, to elect a Vice 
President, Treasurer, and Secretary of said Corporation ; and to 
declare the tenure and duties of their respective offices, and also to 
remove any Trustee or Fellow from the said Corporation, when in 
their judgment, he shall be rendered incapiable, by age or otherwise 
of discharging the duties of his office, and to fill up all vacancies 
in the said Corporation by electing such persons for Fellows or 
Trustees as they shall judge best. — Provided nevertheless — That 
the number of the said Corporation including the President of the 
said College and the Treasurer for the time being shall never be 
greater than thirty one, nor less than twenty one. — 

Section 5th — And be it further enacted That the said Corpora- 
tion may have one common seal, which they may change, break 
or renew at their pleasure; and that all deeds, signed and delivered 
by the Treasurer, and sealed with their seal by the order of the 
Corporation, shall when made in their [respective]* Corporate 
name, be considered in Law as the deed of the said Corporation. — 
And that the said Corporation may sue and be sued, in all actions, 
real, personal and mixed, and may prosecute and defend the same, 
to final Judgement and execution, by the name of the President, and 
Corporation, of the Maine Literary & Theological [University]* 
College, And that the said Corporation shall be capable of having, 
holding, and taking in fee simple, or any less estate, by gift, grant, 
devise, or otherwise, any lands, tenements, or other estate, real or 
personal. — Provided nevertheless, that the annual clear income of the 

* Words in brackets scratched. 



IN COLBY'S HISTORY 13 

same shall not exceed the sum of thirty thousand dollars. 

Section 6th— And be it further enacted,— That the said Corpora- 
tion shall have full power and authority determine at what times and 
places their meetings shall be holden, and on the manner of notifying 
the Trustees and Fellows to convene at such meetings : — And also 
from time to time to elect a President and Treasurer of said College, 
and such Professors, Tutors, Instructors, and other officers of said 
College, as they shall judge most for the interest thereof, and to de- 
termine the duties, salaries, emoluments and tenures of their several 
offices aforesaid: The said President, for the time being, when 
elected and inducted into his office, to be, ex-oMcio, the President 
of the said Corporation. — And the said Corporation are farther em- 
powered to purchase or erect, and keep in repair, such houses and 
other buildings as they shall judge necessary for the said College; 
and also to make and ordain, as occasion may require, reasonable 
rules, orders and bye laws, not repugnant to the laws, of this Com- 
monwealth, with reasonable penalties for the good government of 
the said College, and also to determine and prescribe the mode of 
ascertaining the qualifications of the students requisite to their ad- 
mission. — Provided nevertheless, That no corporate business shall 
be transacted at any meeting unless thirteen at least of the Corpora- 
tion are present. — 

Section 7th — And be it further enacted — That the President, 
Professors, and Fellows of the said College are hereby empowered 
to confer [such degrees as are usually conferred by Universities 
established for the education of youth. Provided nevertheless — 
That the said Board shall confer no degrees other]* the degrees of 
Bachelor of Arts, and Master of Arts, [untill after the first day of 
January, which will be in the year of our Lord one thousand eight 
hundred and twenty. — ]* 

Section 8th — And be it further enacted — That the clear rents, 
issues and profits of all the estate, real and personal, of which the 
said Corporation shall be seized or possessed, shall be appropriated 
to the endowment of the said College, in such manner as shall most 
effectually promote Virtue and Piety, and the knowledge of such of 
the languages, and of the liberal arts and sciences as shall hereafter 
be directed from time to time by the said Corporation. — 

Section 9th — And be it further enacted — That the Hon. John 
Woodman, Esquire be and he is hereby authorized and impowered 
to fix the time and place for holding the first meeting of the said 
Corporation, of which he shall give notice, by an advertisement in a 
Portland and one other eastern newspaper, at least fourteen days 
previous to the time of said meeting. — 

Section 10th — And be it further enacted — That the Treasurer 
of the said Corporation shall before he enters upon the execution 
of the duties of his office give bonds to the said Corporation, in 
such sums, and with such sureties as they shall approve of, con- 
ditioned for the faithful discharge of the said office, and for render- 
ing a just and true account of his doings therein, when required. — 
And that all the money securities, and other property of the said 
corporation together with all the books in which his accounts and 
proceedings, as Treasurer, were entered and kept, that shall be in 
his hands at the expiration of his office, shall, upon demand made 
upon him, his executors or administrators, be paid and delivered 
over to his successor in that office. And all monies recovered by 
the virtue of any suit at law, upon such bond, shall be paid over to 
the Corporation aforesaid, and subjected to the appropriation above 
directed in the Act. — 

Section 11th — And be it further enacted [A]* — And the said 
Corporation shall be holden to [give]*2 render an account to the 

* Words in brackets scratched. 

* See below, Amendments. *2 Scratched out. 



14 THE FORMATIVE PERIOD 

Legislature, whenever they shall see fit to require it, of all their 
proceedings, and the manner of disposing of the funds of said 
[University] *2 College. 

Section 12th — And be it further enacted — That there be and 
hereby is granted, a tract of land, twelve miles square, or four 
Townships, either seperate or adjoining each other of the contents 
of six miles square each, either the one or the other as the Cor- 
poration of the said College may judge to be most conducive to the 
prosperity and interest of the same, to be laid out and assigned 
from any of the unappropriated land belonging to this Common- 
wealth in the District of Maine, under the same restrictions, 
reservations & limitations as other grants for similar purposes are 
usually made. The same to be vested in the Corporation of the said 
College and their successors forever, for the use benefit and purpose 
of suporting said College, to be by them holden in their Corporate 
capacity, with full power and authority to settle divide, and manage 
the same tract of land or townships, or any part thereof, or to sell, 
convey or dispose of the same for settlement only, and to no one 
person a larger quantity than one thousand acres, in such way and 
manner as shall best promote the welfare of said College, the same 
to be laid out under the direction of the Committee for the sale of 
Eastern Lands, and a plan or plans thereof returned into the 
Secretary's office. 

(The spelling throughout the above copy is that of the original.) 
If there had been any room for doubt in the earlier stages of the 
movement as to its real purpose, this draft of the proposed charter 
would dispel it. It is essentially a college charter. Indeed, it was 
more than that in its first form, for originally the word "University" 
was used in every place where the word "College" now appears. The 
change was made by erasure (the traces are still plainly visible in the 
manuscript) except in two cases : At the top of page three of the draft 
the word "University" is merely crossed out, as indicated by the [] 
in the above copy, and the word "College" was written beside it. The 
same change is found again on the fifth page. In addition to this 
indication of the broad character of the original draft, the seventh 
section in its first form gave the proposed institution the power to con- 
fer "such degrees as are usually conferred by Universities established 
for the education of youth". Evidently there was some objection to 
this and the power to grant degrees was restricted to those of Bachelor 
of Arts and Master of Arts. How any one can read this draft of the 
proposed charter and maintain that the petitioners had in mind pri- 
marily a theological school, it is hard to understand. 

The charter seems to have met with no great opposition in the 

Senate, for in the Journal we read, under date of Saturday, February 
8th: 

"Bill entitled an Act to establish a College in the District of 
Maine, within this Commonwealth having had two several readings 
passed to be ingrossed sent down for Concurrence." 

*2 Scratched out. 



IN COLBY'S HISTORY 15 

As in the charter itself, the word "College" is here written over 
the erasure of "University", indicating that the changes noticed above 
were made after the bill was introduced in the Senate. 

Up to this point the petitioners had met, apparently, with no serious 
opposition. But their experience with the House was to be far differ- 
ent, although the bill passed the first reading, as indicated by an entry in 
the House Journal for Wednesday, February 12, 1812 : 

"Bill to establish a College in Maine — by the name of the Maine 
Literary and Theological College Read a first time & Friday 14th 
assd for a 2d Rdg & 400 Copies to be printed." 

Of the four hundred printed copies only one has so far been 
located. That is in the Boston Public Library and can be seen by any 
visitor on request. It is bound with other pamphlets of the period. 

Although the second reading was assigned for the 14th, it was not 
until Saturday, February 22d, that the bill was called up, to meet an 
overwhelming and, in view of the preceding votes, an unaccountable 
defeat. The brief record in the House Journal is as follows : 

"Bill to establish a College in the District of Maine Read a 2d 
time & amended on Motion of Mr. Mudge.* On motion of Dr. 
Dodge2 the House ordered the first Section to be stricken out." 

The entry is followed by the figures "224-60", evidently the vote 
on the last motion. Of the nature of the amendments offered by Mr. 
Mudge we are not in doubt, for two slips of paper are inserted opposite 
the eleventh section of the bill, bearing what we may well assume to 
be the suggested amendments. The first comes at the very beginning 
of the section and reads : 

"[Section 11th at] A [insert]* that the Legislature of this 
Commonwealth may grant any further powers to or alter, limit, 
annul, or restrain any of the powers of this Act vested in the said 
Corporation, as shall be judged necessary to promote the best in- 
terest of the said College — " 

The purpose of this is obvious; its effect was to limit the life of the 
institution to the pleasure of the Massachusetts legislature. The 
second amendment was even more important. It provided that "there 
shall never be in the said Corporation a majority of members who are 
of [any]* the same religious denomination". The effect of this would 
have been entirely to defeat the purpose of the petitioners, which was 
to have a college under Baptist control. With the passage of these 
two amendments the battle was lost. The vote to strike out the first 
section, i.e., to kill the bill, was hardly necessary. Nothing more 
could be done for the time being, and the matter was dropped until a 
new legislature should meet. 

* Enoch Mudge, of Orrington. 

2 Ezekiel G. Dodge, of Thomaston. 

* Words in brackets crossed out. 



16 THE FORMATIVE PERIOD 



IV. 

What were the forces which opposed the passage of the charter of 
the "Maine Literary and Theological College" in February, 1812? 
While we cannot answer that question with absolute certainty, there 
can be little doubt that the friends of the infant institution at Brunswick 
were averse to the establishment of a second college in the District 
of Maine, and used their influence to prevent the passage of the charter 
submitted.^ Be that as it may, there was sufficient opposition to secure 
the overwhelming defeat of the proposed charter. 

That Merrill and his co-workers were not disposed to relinquish 
their attempt to secure full collegiate powers for their proposed insti- 
tution is evident from their next move. Had they now submitted a 
bill for a strictly theological school, there is every reason to believe 
that it would have been speedily passed. But they did no such thing. 
When the new General Court met early in the summer of 1812, Daniel 
Merrill was present as a member of the lower house, and from this 
vantage point continued his fight. On the fifth of June he presented a 
second petition. This was identical with the first petition presented 
the previous January, with the exception of the signatures at the end. 
These were as follows : 

f In behalf and by the direction of the 
Daniel Merrill \ Lincoln Association, containing forty- 

[ eight associate Churches. 

r In behalf and by the direction of 
Robert Low \ the Bowdoinham Association ; con- 

[taining twenty associate Churches. ' 

Sylvanus Boardman f In behalf and by the direction of the 
Thomas Green \ the Cumberland Association, contain- 

Caleb Blood ling twenty- four associated Churches. 

Why the change in the arrangement of signatures was made we 
can only surmise. The petitioners may have thought that the new 
method gave a better indication of their strength as representing a 
total of ninety-two associated Baptist churches. The petition bears two 
endorsements, written on a separate sheet and attached to the bottom 
by seals. The first of these reads : 

"In Senate June 5th 1812 Read & Committed to the Hon Mess 
Phillips, Poor, and Foote — to consider and Report thereon. Sam. 
Dana, Prest." 

1 The report of the committee to which was submitted the petition of 1819 for further aid 
makes this quite clear. 



IN COLBY'S HISTORY 17 

The report of that committee, filed with the petition, is as follows : 

Commonwealth of Massachusetts. 

The Committee of the Senate to whom was referred the Petition 
of Daniel Merrill and others praying that they may allowed to es- 
tablish a College in the district of Maine within this Commonwealth 
and for a Grant of Land, to aid them in the establishment of such 
Seminary, have had the same under consideration, and ask leave to 
Report — That the further consideration thereof be referred to the 
[next] 2 last session of the present General Court. Which is re- 
spectfully submitted, by order of the Committee. E. Poor, Chairman 

In the Senate June 11th 1813 Read & accepted Sam. Dana Pres. 

Here again we find the purpose of the petitioners stated in the words 
"to establish a College in the district of Maine," showing plainly how 
the matter was viewed at the time. Why further consideration wa^ 
postponed to the winter session of the General Court, is a question 
the documents do not answer. The second endorsement upon the peti- 
tion shows the action taken by the Senate at that later session : 

"In Senate, Feby 13th 1813. Read and Committed to the Hon 
Mess Phillips, Poor and Foote — to consider and report thereon. 
Sam. Dana, Pres." 

This is the same committee to which it had been committed in the 
previous June, and that they were favorably disposed is shown by their 
report, which follows : 

Commonwealth of Massachusetts. 

The Committee of Senate to whom was referred the Petition 
of Daniel Merrill and others praying that they may be incorporated 
into a Literary Seminary in the District of Maine with the usual 
powers & privileges, and for a Grant of Land to enable them to 
carry into effect the object of the Petition, have had the same under 
consideration — and ask leave to Report — That the prayer of the 
Petition be so far granted, that the Petitioners have leave to bring in 
a Bill for that purpose. 

Which is respectfully submitted, by order of the Committee, 
John Phillips, Chairman. 

In Senate Feby 19th 1813 Read and accepted. Sam. Dana, 
Pres. 

One significant change in phraseology is to be noted in this re- 
port. The word "college" is no longer used ; in its place we find "Liter- 
ary Seminary." That this change was made with a view to lessening 
opposition we may be allowed to assume in view of what came later. 
In accordance with the report of the commitee, a draft of the desired 
charter was submitted in this form:^ 

2 Word in brackets crossed out in original. 

3 Words in brackets were crossed off in original. Portions printed in italics were amended 
out of the charter. Letters in parentheses refer to list of amendments given later. 



18 THE FORMATIVE PERIOD 

Commonwealth of Massachusetts. In the year of our Lord 
eighteen hundred and thirteen. An act. — To establish a Literary 
Institution in the District of Maine, within this Commonwealth. — 

Be it enacted by the Senate and House of Representatives, in 
General Court assembled, and by the authority of the same, that 
there be erected and established in the District of Maine in the 
Township hereafter mentioned a Literary Institution, for the pur- 
pose of educating youth to be called and known by the name of the 
Maine Literary and Theological Institution, to be under the govern- 
ment and regulation of a body politic, as in this Act is hereafter 
described. 

Sect. 2 — [And] be it further enacted, That Daniel Merrill, Caleb 
Blood, Sylvanus Boardman, Thomas Green, Robert Low, Benjamin 
Titcomb, Thomas Francis, Ransom Norton, Daniel McMaster, Hon. 
James Campbell, Samuel Stinson, John Hovey, David Nelson, Al- 
ford Richardson, John Haynes, Samuel Baker, Joseph Bailey, 
Phinehas Pilsbury, Hezekiah Prince, Moses Dennett, and John Neal, 
together with the President, (A) Treasurer (B) and Fellows of the 
said Institution, for the time being, to be chosen, as in this Act, is 
hereafter directed, be and hereby are erected a body politic and 
corporate by the name of the President, (C) Fellows and Trustees 
of the Maine Literary and Theological Institution. And that they 
and their successors, and such others as shall be duly elected mem- 
bers of said Corporation, shall be and remain a body politic and 
corporate by that name forever. 

Sect. 3 — (D) [And] be it further enacted, That the Trustees 
aforesaid he hereby empowered to elect nine persons of education 
to be Fellozvs of the said Institution, and who shall be stiled the 
Learned Faculty, whose duty it shall be to determine the qualifica- 
tions of all Candidates for degrees, which shall be given only by 
their authority. 

Sect. 4 — [And] be it further enacted. That for the more orderly 
conducting the business of the said Corporation, the President, (E) 
and Fellozvs and Trustees shall have full power and authority, from 
time to time, as they shall determine, to elect a Vice President, 
Treasurer, and Secretary of said Corporation, and to declare the 
tenure and duties of their respective offices, and also to remove 
any Trustee, (F) or Fellow from the said Corporation, when in 
their judgment, he shall be rendered incapable, by age or otherwise, 
of discharging the duties of his office, and to fill up all vacancies in 
the said Corporation, by electing such persons for (G) Fellows or 
Trustees as they shall judge best. Provided nevertheless That the 
number of the said Corporation, including the President of the said 
Institution, and the Treasurer for the time being, shall never be 
greater, than Thirty one, nor less than twenty one. 

Sect. 5 — And be it further enacted. That the said Corporation 
may have one common seal, which they may change, break, or renew 
at their pleasure; and that all deeds, signed and delivered by the 
Treasurer, and sealed with their seal by the order of the Cor- 
poration, shall when made in their Corporate name, be considered 
in Law as the deed of the said Corporation. — And that the said Cor- 
poration may sue and be sued, in all actions, real, personal and 
mixed, and may prosecute and defend the same, to final Judgment 
and execution, by the name of the President, and Corporation, of 
the Maine Literary & Theological Institution. — And that the said 
Corporation shall be capable of having, holding, and taking in fee 
simple, or any less estate, by gift, grant, devise, or otherwise, any 
lands, tenements, or other estate, real or personal. Provided never- 
theless. That the annual clear income of the same shall not exceed 
sum of thirty thousand dollars. 



IN COLBY'S HISTORY 19 

Sect. 6 — [And] be it further enacted, That the said Corporation 
shall have full power and authority to determine at what times 
and places their meetings shall be holden, and on the manner of 
notifying the Trustees (H) and Fellows to convene at such 
meetings; And also from time to time to elect a President of 
said Institution, and such Professors, Tutors, Instructors, and other 
officers of said Institution, as they shall judge most for the interest 
thereof, and to determine the duties, salaries, emoluments and ten- 
ures of their several officers aforesaid. The said President, for the 
time being, when elected and inducted into his office, to be, ex-officio. 
President of the said Corporation. — And the said Corporation are 
further empowered to purchase or erect, and keep in repair, such 
houses and other buildings as they shall judge necessary for the 
said Institution; and also to make and ordain, as occasion may 
require, reasonable rules, orders and by laws, not repugnant to the 
laws, of this Commonwealth, with reasonable penalties for the good 
government of said Institution, and also to determine and prescribe 
the mode of ascertaining the qualifications of the students requisite 
to their admission. Provided, nevertheless. That no corporate 
business shall be transacted at any meeting unless thirteen at least 
of the Corporation are present. 

Sect. 7 — (I) Be it further enacted, That the President, Pro- 
fessors, and Fellows of the said Institution are hereby empowered 
to confer degrees of Bachelor of Arts and Master of Arts. 

Sect. 8 — [And] be it further enacted. That the clear rents, issues 
and profits of all the estate, real and personal, of which the said 
Corporation shall be seized or possessed, shall be appropriated 
to the endowment of the said Institution, in such manner as shall 
most effectually promote virtue and piety, and the knowledge of 
such of the languages, and of the liberal arts and sciences as shall 
hereafter be directed from time to time by the said Corporation. 

Sect. 9 — And be it further enacted, That the Hon. John Wood- 
man, Esq. be, and he is hereby authorized and impowered to fix the 
time and place for holding the first meeting of the said Corpora- 
tion, of which he shall give notice, by an advertisement in a 
Portland and one other Eastern newspaper, at least fourteen days 
previous to the time of said meeting 

Sect. 10 — And be it further enacted, That the Treasurer of the 
said Corporation shall, before he enters upon the execution of 
the duties of his office, give bonds to the said Corporation, in 
such sums, and with such sureties as they shall approve of, con- 
ditioned for the faithful discharge of the said office, and for 
rendering a just and true account of his doings therein, when 
required. And that all the money, securities, and other property 
of the said Corporation, together with all the books in which his 
accounts and proceedings, as Treasurer, were entered and kept, that 
shall be in his hands, at the expiration of his office, shall, upon 
demand made upon him, his executors [and] or administrators, 
be paid and delivered over to his successor in that office. And all 
monies recovered by the virtue of any suit at law, upon such bond, 
shall be paid over to the Corporation aforesaid, and subjected to the 
appropriation above directed in the Act. 

Sect. 11 — [And] be it further enacted. That the Legislature of 
this Commonwealth may grant any further powers to, or alter, 
limit, annul, or restrain, any of the powers by this Act vested in 
the said Corporation, as shall be judged necessary to promote the 
best interest of the said Institution. And the said [Institution] 
Corporation shall be holden to render an account to the Legislature, 
whenever they shall see fit to require it, of all their proceedings, 
and the manner of disposing of the funds of said Institution. 

Sect. 12 — [And] be it further enacted, That there be and hereby 



20 THE FORMATIVE PERIOD 

is granted a township of land, six miles square, to be laid out and 
assigned from any of the unappropriated land, belonging to this 
Commonwealth in the District of Maine, under the same restric- 
tions, reservations and limitations as other grants, for similar 
purposes are usually made. — The same to be vested in the Corpora- 
tion of said Institution, and their successors forever, for the use 
benefit and purpose of supporting said Institution, to be by them 
holden in their Corporate capacity, with full power and authority 
to settle, divide, and manage the same tract of land or township, 
or any part thereof, or to sell, convey or dispose of the same 
for settlement only, and to no one person a larger quantity than 
one thousand acres, in such way and manner as shall best promote 
the welfare of said Institution, the same to be laid out under the 
direction of the Committee for the sale of Eastern Lands, and a 
plan or plans thereof returned into the Secretary's office, (K) 

Although the word "Institution" has been substituted for the 
word "College" in the title, this bill is practically the same as that sub- 
mitted in 1812, and is still essentially a college charter. The slight 
changes which should be noted are these : Changes in the individuals 
named as incorporators in section two ; change in the ele\ enth section 
giving the legislature the power to increase, alter, limit, or annul any 
of the powers granted ; a grant of one township of land, in place of the 
four townships given by the previous bill. The petitioners seem to 
have believed that by substituting the word "Institution" for "College" 
and making the further concessions noted, they might appease the op- 
position and secure an institution with full collegiate powers under an- 
other name. Their hopes however, were ill-founded. 

As had been the case the previous year, there was no opposition 
in the Senate, as the endorsement makes clear : 

"In Senate, February 22d, 1813. This bill having had two several 
readings passed to be engrossed. Sent down for Concurrence. 
Sam. Dana, Pres." 

The action of the House was not delayed, for the bill was disposed 
of on the following day. The record reads thus : 

"In the House of Representatives, Feb. 23, 1813. This Bill 
having had three several reading passed to be engrossed in concur- 
rence with the Hon. Senate with following amendments viz., at A 
insert 'and', at B dele 'and fellows', at C dele 'Fellows', at D dele 
the whole 3d Section ; at E dele 'Fellows', at F dele 'or fellows', at G 
dele 'fellows or', at H dele 'and fellows', at I dele the whole seventh 
section. 

"Sent up for concurrence, Timothy Bigelow Speaker." 

A separate slip contains a draft of the above amendments and one 
other which was also adopted : 

"At K add 'within three years after the expiration of the present 
war with Great Britain." 



IN COLBY'S HISTORY 21 

These are the changes which Dr. Burrage^ characterizes as 
"trifling amendments !" They were in fact all-important and stripped 
the proposed institution completely of collegiate powers. Merrill 
and his colleagues were now convinced apparently, of the futility 
of pressing further at that juncture their request for a college 
charter, and signified their willingness to accept the amended bill. On 
the twenty-fifth of February the Senate concurred in the amendments, 
and on the twenty-seventh the bill was approved by the Governor.^ 
The petitioners had secured a charter for a "Literary and Theological 
Institution" only, but that they had not given up the idea of establishing 
a college the sequel shows. For the present, however, they allowed that 
matter to rest. As Dr. Hall remarks:^ "The name 'Literary and 
Theological Institution' was at that time a favorite designation attached 
to many schools of a higher order in which collegiate and theological 
classes were united," and there was nothing to prevent the giving of 
collegiate courses under the charter granted, although no degrees could 
be conferred. In fact, such collegiate courses were given by the in- 
stitution, beginning in 1819. 



4 History of the Baptists in Maine, p. 168. 

5 The charter in its final form has been so often re-printed that it is unnecessary to give it 
here. 

6 In his "History of Higher Education in Maine," p. 99. 



22 THE FORMA TIVE PERIOD 



V. 

When the Maine Literary and Theological Institution came into 
corporate existence two years and four months had passed since the 
first action of the Bowdoinham Association. Five years more went 
by before the work of instruction actually commenced at Waterville. 
They were not years of inactivity, but were spent in securing from the 
State the township of land donated by the act of incorporation, in de- 
ciding upon a suitable location, and in endeavors to obtain further state 
aid. We cannot follow in detail all the steps taken, but must confine 
our attention solely to the documents which have a direct bearing on 
the character of the institution which the founders had in mind to 
set up. 

As early as June 4, 1813, the Trustees attempted to secure by a 
Resolution'^ of the General Court the laying out of Township No. 3 on 
the West side of the Penobscot river for the benefit of the Institution, 
but it was not until February 15, 1815, that the grant was made. And 
on June 14, 1813^, the Trustees sought to obtain permission to locate the 
Institution elsewhere than on the township specified, but not until June 
15, 1816 was the desired permission given. By a vote of the Trustees 
on October 1, 1817, Waterville was chosen as the site of the Institution. 
This meeting, which occupied two days, October first and second, was a 
most important one. Among the votes recorded we find : 

"Vote 17. Voted that the price of tuition shall be the same in 
this Institution as in Bowdoin College." 

While in itself of no great importance, this indicates that the Trus- 
tees had in view the establishment of an institution of a grade equal 
to that of the college in Brunswick. Taken in connection with what 
comes later it is an interesting link in the chain of evidence. At this 
meeting, also, the Trustees considered the "expediency of electing any 
of the officers of the Institution," and "also at what time tuition may 
probably commence ;" but it was not until the following February that 
the Rev. Jeremiah Chaplin was chosen Professor of Theology and 
Rev. Irah Chase, Professor of Languages. Mr. Chase declined the 
appointment, and on July 6, 1818, Mr. Chaplin alone commenced the 
work of instruction. The Trustees continued to seek a man for the 
position declined by Mr. Chase, but it was some months before they 
were successful. 

7 See file "Senate 4713" in Massachusetts Archives. 

8 See file "House 7574" in Massachusetts Archives. 



IN COLBY'S HISTORY 23 

Repeated attempts to secure further grants from the state were 
unsuccessful. The report of the committee to whom the last of these 
petitions was referred is interesting because it goes at length into the 
question and gives the reasons for declining.^ After stating that the 
Trustees are trying to set up a college, although the Legislature had 
not granted them a college charter, the committee state that in their 
opinion one college is enough for the District of Maine and that all 
state grants should go to the one already established. 

In the meantime a plot of ground had been purchased in Waterville, 
and steps were taken toward erecting buildings thereon. In the records 
of the Trustees for their meeting in May, 1819, we find the following: 

"7. Voted that Rev. Dr. Baldwin, Rev. Jeremiah Chaplin, Cal- 
vin Stockbridge, Timothy Boutelle, & John Hovey Esq. be a com- 
mittee to take into consideration & report at the present meeting 
the expediency of erecting one or more buildings, the present 
year, on the College land in Waterville, of what size & of what 
materials." 

As the result of the above vote we have later in the session the 
following : 

"10. Voted, That the following gentlemen, viz. Nathaniel Gil- 
man, Timothy Boutelle & Asa Redington Esq. be a committee to 
erect a wooden building, on the College Land, two stories high. 
. . . . & said committee are authorized to contract for brick to 
be made not exceeding two hundred thousand & also for other 
materials for the College Edifice to be commenced building as early 
the next season as practicable & said committee are requested to 
prepare & present to the Trustees at their next meeting in August 
next a plan of a College building &c" 

Here again we have evidence that the Trustees considered the In- 
stitution as a college, in spite of their failure to secure a college charter. 
Further evidence on this point is to be found in a pamphlet dated May 
21, 1819, and entitled ''Maine Literary and Theological Institution," 
in which we read :^^ 

"The design of the Trustees in founding this Seminary is not 
limited to such Students as have the gospel ministry in view, but 
extends to those who are desirous of engaging in any of the learned 
professions. It has, accordingly, a literary as well as a theological 
department. 

"Students, who enter the former, are required to possess nearly 
the same literary qualifications, and to pursue, in general, the 
same course of studies as those are who enter the several Colleges 
of this Commonwealth." (The italics are mine.) 

How stronger evidence of the collegiate character of the institution 
could be given, it is hard to see. On the same page we read : "The 

9 This report is dated Feb. 19, 1819. It is too long to be given here. 

10 Pages 1 and 2. The pamphlet contains a brief account of the "Origin, progress, design, 
and present state of the Institution," and an "Address to the public." 



24 THE FORMATIVE PERIOD 

literary department, it is expected, will be put into operation in 
September next." It actually opened in October, Rev. Avery Briggs 
having been secured in the meantime as Professor of Languages.^^ 

But before the Literary Department was in operation the General 
Court of Massachusetts had passed the Act of Separation, and it was 
certain that the District of Maine was to become a separate state. On 
the eighteenth of August the Trustees of the Maine Literary and Theo- 
logical Institution passed the following vote : 

"21. Voted that a committee be appointed to petition the 
Legislature of Maine to invest this Institution with all the powers 
of a College & to endow it as in their wisdom they shall think proper 
& that Rev. S Boardman, Timothy Boutelle, Thomas B Ripley, Jere- 
miah Chaplin, Ebenezer T Warren & Nathaniel Weston Jr. & Cal- 
vin Stockbridge Esq be this Committee." 

Evidently the Trustees had reason to believe that they could obtain 
from the first legislature of Maine the powers they had twice sought 
in vain from the General Court of Massachusetts. They certainly lost 
no time in making the attempt. The first session, of the legislature of 
the new state met on May 21, 1820. To it the following petition was 
submitted '}^ 

Petition 

To the Hon. the Senate & House of Representatives of the State 
of Maine, in Legislature assembled, 

Respectfully represent, The Trustees of the Maine Literary & 
Theological Institution, That this Institution was incorporated by an 
Act of the Legislature in 1813, &, at the same time, was endowed 
with a Grant of a Township of land — That in 1818 the Trustees 
established the Institution in Waterville, & in July of the same 
year, instruction was commenced under the direction of the 
the Rev. Jeremiah Chaplin, Professor of Theology — that the Rev. 
Avery Briggs has been since appointed Professor of languages, & 
commenced instruction in the summer of 1819 — that the number of 
Students now in the Institution is twenty-two — 

They further represent, that since the establishment of the Insti- 
tution, benefactions of generous individuals have amounted to 
about seven thousand dollars — by means of which, they have been 
enabled to purchase eligible grounds for the erection of suitable 
buildings, & to erect and finish a dwelling house & out buildings 
for the accommodation of one of the Professors, & have the greater 
part of the materials now collected for a brick Edifice one hundred 
& twenty feet long — forty feet wide — three stories high & to con- 
tain thirty-six rooms for students — 

They further represent, that it was the original design of the 
Trustees, whenever their funds & prospects should warrant, to 
establish a sufficient number of Professors and Tutors to instruct 
in all the different branches of science and literature, usually 
taught in our Colleges — That, in establishing the Institution in 
Waterville, they believed they thereby attained one important point 

11 E. W. Hall: History of Higher Education in Maine, p. 104. 

12 The petition, and all documents quoted from this point (except records of the Trustees) 
are on file in the office of the Secretary of State at Augusta. 



IN COLBY'S HISTORY 25 

necessary to its future growth and prosperity — that its situation 
in the State is central, & in the midst of a large agricultural dis- 
trict, not surpassed, if equalled by any other part of Maine — 
in consequence of which the price of board now is, & will probably 
continue to be, not more than two-thirds what it is at the other Col- 
leges in New England — 

And your petitioners believe, that literary Institutions should be 
organized & conducted with a wise regard to the situation & 
exigencies of our State — & that the true interests of science as 
well as of every free State, require that the means of acquiring 
a liberal education should be made accessible to the middling 
classes of citizens as well as the more opulent — They, therefore, 
pray that the powers given by their charter may be enlarged, & that 
the power of bestowing such Degrees, as are usually conferred by 
other Colleges, may be given to this Institution. 
May, 1820. 

Sylvanus Boardman ^ 

John Hovey | Committee 

Jeremiah Chaplin . appointed 

Nathan Weston Jun • . ^;C 

E. T. Warren 

Calvin Stockbridge 



by Trustees 



Note well the opening sentence of the third paragraph: "They 
further represent, that it was the original design of the Trustees, 
whenever their funds &" prospects should warrant to establish a suffi- 
cient number of Professors and Tutors to instruct in all the different 
branches of science and literature usually taught m our Colleges. 
That single sentence is enough to establish beyond dispute the fact 
that the founders of the Maine Literary and Theological Institution 
had in view the establishment of a college. It is, moreover, significant 
that the first name signed to the petition is that of Sylvanus Boardman, 
If any man knew what was the original purpose of the founders, Syl- 
vanus Boardman was the man. 

Dr. Burrage, in the passage already quoted says of the change of 
name in 1821 '}^ "The reasons for thus giving to the institution a 
broader character than was at first contemplated were not recorded, 
and can now only be conjextured. In all probability the change was 
effected by Dr. Chaplin." (The italics are mine.) Now, if any 
"change" in policy had been made, it was when the collegiate powers 
were granted in 1820, and if Dr. Burrage had taken the trouble to in- 
spect the records at Augusta he would have found that the reasons for 
the step were fully set forth in the petition just quoted, and that in 
reality there was no "change" whatever in the policy of the Trustees. 

The petition bears the following endorsements : 

"In Senate, June 2, 1820. Read and committed to the Hon.. 
Messrs. Boutelle and McDonald with such as the Hon. House may 
join. Sent down for concurrence. John Chandler, Presdt." 

13 History of the Baptists in Maine, p. 174. 



26 THE FORMATIVE PERIOD 

"House of Representatives, June 2, 1820. Read and concurred, 
and Messrs. Greenleaf of Portland, Holland of Jay, Emerson of 
Machias are joined. Ben. Ames, Speaker." 

The committee to which the petition was referred, submitted the 
bill which follows : 

STATE OF MAINE 

In the year of our Lord one thousand eight hundred and twenty. 

An act to enlarge the powers of the Maine Literary & Theological 
Institution. 

Sec. 1. Be it enacted by the Senate & House of Representa- 
tives in Legislature assembled — That the President & Trustees of 
the Maine Literary & Theological Institution are hereby authorized 
& empowered to confer such Degrees as are usually conferred 
by Universities established for the education of youth; — Provided 
that the said Corporation shall confer no Degrees other than those 
of Bachelor of Arts, & Master of Arts, until after the first day 
of January which will be in the year of our Lord eighteen hundred 
& Thirty— (A) 

Sec. 2nd. And be it further enacted by the authority afore- 
said — That the Legislature of this state shall have the right to 
grant any further powers to alter, limit, or restrain any of the 
powers vested in said Corporation as shall be judged necessary to 
promote the best interests thereof — 

Action on the bill is recorded thus : 

"In Senate, June 12. The committee on Bills in the 2d Read- 
ing report that this Bill ought to pass as amended at A — 

E. Foote, pr oder." 

A slip accompanies the bill bearing the proposed amendment : 

"And provided also, that the said corporation shall not make 
or have any rule or by-law requiring hat any number of 
the Trustees shall be of any particular religious denomination. 
(at A add this proviso) 

B Add after above amendment the amendment marked B." 

The change was accepted and on the following day the bill was 
passed to be engrossed, and sent down for concurrence. The House 
added to the amendment already adopted for further proviso : 

"Add this to end of former amendment at Letter B : 
Provided that no student belonging or who may hereafter be- 
long to said institution sustaining a fair moral character shall be 
deprived of any privileges of said institution, or be subjected to the 
forfeiture of any aid which has been granted by said Institution for 
the purpose of enabling him to prosecute his studies, or be denied 
the usual testimonials on closing his studies or be denied admission 
to said Institution on the ground that his interpretations of the 
Scriptures differ from those which are contained in the articles of 
faith adopted or to be adopted by said Institution." 

With this change the bill was returned to the Senate where the 
final action is recorded thus : 



IN COLBY'S HISTORY 27 

"In Senate June 16, 1820. Read & concurred in the amendment. 
John Chandler, Prsdt" 

The act was approved on June 19, 1820, and the Maine Literary 
and Theological Institution at last possessed the powers which had been 
asked for in the original bill submitted to the General Court of Massa- 
chusetts in 1812. Only one further step remained to be taken: to 
make the Institution a college in name as well as in fact. Accordingly 
we find that at their meeting on August 12, 1820, the Trustees voted : 

"23. Voted to raise a committee to petition the Legislature 
of Maine to allow the M. L. & Theo. Institution to take the name 
of the College at Waterville with the Liberty to add the name of 
such gentlemen as shall make the most liberal donation & that the 
above Committee consist of the Rev. S. Boardman, Timothy Bou- 
telle, & Rev. Dr. Chaplin." 

When the legislature met in January, 1821, the committee pre- 
sented a petition in this form : 

"To the Hon. Senate & House of Representatives of the State 
of Maine in Legislature assembled — 

Respectfully represent The Trustees of the Maine Literary 
& Theological Institution that the present name of this Institu- 
tion not indicating that it is clothed with the powers common to 
other Colleges they pray that the name of the same may be altered 
& that in future it may be known & called by the name of Maine 
College — or such other name as shall be deemed fit and proper. 
8 Jany 1821— 

Jer. Chaplin ) Committee appointed 

TiMO BouTELLE ) by Trustees. 

It is to be noted that the committee did not follow their instructions 
to the letter. Instead of asking that the name be changed to "the 
College at Waterville" they asked that it be changed to "Maine Col- 
lege." What effect the adoption of the latter name might have had 
upon the history of the college is a matter for interesting speculation. 
On January 22d the petition was committed to Messrs. Boutelle, Rice, 
and Seaver, who on the next day reported the following bill : 

State of Maine 

In the year of our Lord Eighteen hundred & twenty-one. 

An Act to change the name of the Maine Literary & Theological 
Institution — 

Be it enacted by the Senate & House of Representatives in 
Legislature assembled — That from & after the passing of this act, 
the name of the said Maine Literary & Theological Institution shall 
cease, & the same shall henceforth be called & known by the name of 
Maine College, any law to the contrary notwithstanding — and noth- 
ing in this act contained shall be construed to impair or annul any 
of the rights, powers, or privileges of the said Corporation. 

On the 24th of January the bill was passed to be engrossed, and 



28 THE FORMATIVE PERIOD 

sent down for concurrence. Its fate in the house is recorded in the 
House Journal for Thursday, January 25, 1821 1^^ 

"Bill to change the name of the Maine Literary and Theo- 
logical Institution, Read a third time and passed to be engrossed — 
immediately on motion this vote is reconsidered and the Bill com- 
mitted to Messrs. Little of Bucksport, Miller of St. George, and 
Smith of Wiscasset." 

The committee made the following report, which was adopted : 

"State of Maine, House of Representatives, Jany. 1821. The 
Committee to whom was referred the act to change the name of 
the Maine Literary & Theological Institution have attended that 
duty, and report that the same be amended by striking out the 
word 'Maine' in the sixth line 1st section & inserting the word 
'Waterville' instead thereof. S Little, Per order." 

The Senate on January 27th concurred in the amendment, and on 
February 5th the act was approved. The "original design of the 
Trustees" had been accomplished after nearly ten years of effort, and 
what may be considered the formative period in Colby's history was at 
an end. The lines along which the college should have its development 
were practically decided, and it only remained to build wisely on the 
foundations laid through the persistent effort of those who had had the 
foresight and courage to make the beginnings. 

14 Page 135. 



IN COLBY'S HISTORY 29 



VI. 

We have now traced the history of the college from its beginnings 
in the action of the Bowdoinham association in September, 1810, to 
its culmination in the act of January, 1821. We have seen that the 
founders attempted twice to secure a college charter from the General 
Court of Massachusetts and failed. We have seen them accept a 
charter for a Literary and Theological Institution, under which they 
proceeded to set in operation what was essentially a college. We have 
read their statement to the public that students in the literary depart- 
ment of the new institution are "required to pursue, in general, the 
same course of studies as those are who enter the several colleges of 
this commonwealth." We have seen them vote to erect a "college edi- 
fice" on the "college land" in Waterville. We have seen them petition 
the first legislature of Maine for the right to grant "such degrees as 
are usually conferred by other colleges," on the ground that it was the 
"original design" of the Trustees to establish an institution of collegiate 
rank. And, finally, we have seen them ask for a name suited to the 
rank of the institution. So long as original documents have any his- 
torical value there can be but one conclusion regarding the purpose of 
the men who founded the Maine Literary and Theological Institution : 
They intended to set up a college, and in spite of great opposition they 
persevered until their purpose was accomplished. 

In view of these facts the twenty-seventh day of February, 1813, 
has for us a new significance. It is the birthday of the college in a 
sense more real than any succeeding date can be, for on that day the 
corporation now known as Colby College came into existence, and from 
that day date the actual beginnings of the college. It is a day of 
which the centennial, on the twenty-seventh of next February, should 
be solemnly and worthily observed by all true friends of the college 
which then enters upon its second century of usefulness. 



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